Casteist slurs made in private not offence under SC/ST Act, says Supreme Court

The Supreme Court on Thursday held that uttering casteist slurs in private does not meet the statutory requirement of being considered an offence under the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, reported Live Law.

With this view, a bench of Justices Vikram Nath and Sandeep Mehta set aside an Allahabad High Court order that had refused to quash proceedings under the Act against a school manager.

The complainant had said in the first information report that he had gone to meet the school manager on January 24, 2020, after his son was injured in a quarrel with other students. He alleged that the school manager, along with other staff, assaulted him with lathis and shouted casteist slurs at him, reported Live Law.

The FIR in the matter was registered on the next day on charges of rioting, causing hurt, wrongful confinement and intentional insult, along with Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act sections 3(1)(r) and 3(1)(s).

Section 3(1)(r) of the Act makes it a crime for a person who is not from a Scheduled Caste or Scheduled Tribe to intentionally insult or humiliate a member of the communities in a place within public view.

Section 3(1)(s) makes it a punishable offence for a person who is...

Read more